<div class="chunk-title">Sec. 36-74. - Planned unit development (PUD).</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Purpose.</span> The purpose of this article is to encourage comprehensive planning for sizeable tracts
               of land under single ownership or control, so as to promote the construction and use
               of the appropriate commercial, retail, institutional, industrial and recreational
               areas. To this end, the standards and requirements of this chapter may be modified
               by the board of county commissioners in the case of a plan and program for a group,
               cluster or planned unit development (PUD), which in the board of county commissioners'
               judgment provides adequate public spaces and improvements for circulation, recreation
               and service needs of the tract of land when fully developed and populated, and also
               provides such covenants, or other legal instruments, as will ensure conformity to
               an achievement of such a development plan.
               
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               (b)
               
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               <span class="ital">Permitted uses.</span> The following uses shall be permitted:
               
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               (1)
               
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               Single-family dwellings;
               
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               (2)
               
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               Multifamily dwellings;
               
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               (3)
               
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               Accessory buildings or uses for residential dwellings;
               
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               (4)
               
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               Office and professional facilities;
               
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               (5)
               
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               Retail commercial facilities;
               
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               (6)
               
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               Recreational uses, including golf courses, parks, open spaces, walkways, marinas,
               and all other recreational uses, as well as services associated therewith;
               
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               (7)
               
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               Utility structures and facilities; and
               
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               (8)
               
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               Hotels, inns and other commercial establishments of transient or temporary lodging.
               
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               (c)
               
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               <span class="ital">Minimum tract size.</span> There shall be no minimum tract size for development under this article.
               
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               (d)
               
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               <span class="ital">Density of development.</span> There shall be no more than four dwelling units or separate unit of ownership, on
               average, for each acre of the PUD property utilized.
               
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               (e)
               
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               <span class="ital">Wastewater treatment.</span> All wastewater treatment of effluent generated within the PUD must be through a state
               DENR-approved treatment and disposal system operated by either a unit of government
               or an approved license public utility with a franchise granted by the state utilities
               commission. In no event shall septic systems be allowed for the treatment of wastewater
               effluent.
               
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            <p class="incr0">
               (f)
               
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               <span class="ital">Water supply.</span> All water supplied to property within the PUD must be through an approved system
               operated by either a unit of government or an approved licensed public utility with
               a franchise granted by the state utilities commission.
               
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               (g)
               
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               <span class="ital">Setbacks.</span> The following minimum setbacks shall apply:
               
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            <p class="bc0">
               Hyde County, North Carolina
               <br>
               Minimum Setback Requirements
               
               <div>
                  <div class="" style="width:100%">
                     <table class=" left" cellpadding="3" cellspacing="0" border="1" rules="all">
                        <colgroup class="std">
                           <col width="50%">
                           <col width="50%">
                        </colgroup>
                        <tbody>
                           <tr>
                              <td class=" top ">
                                 Type of Setback Line
                                 
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                              <td class=" top ">
                                 Distance
                                 <br>
                                 (in feet)
                                 
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                           </tr>
                           <tr>
                              <td class=" top ">
                                 Minimum building
                                 
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                              <td class=" top ">
                                 25
                                 
                              </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Side yard
                                 
                              </td>
                              <td class=" top ">
                                 8
                                 
                              </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Rear yard
                                 
                              </td>
                              <td class=" top ">
                                 15
                                 
                              </td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
            
            <p class="b0">
               The minimum required setback established hereunder may be waived in the event that
               the public health, safety and welfare will not be negatively impacted by such waiver.
               Further, additional requirements may be imposed as a condition upon waiver of these
               setback requirements.
               
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            <p class="incr0">
               (h)
               
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            <p class="content1">
               <span class="ital">Streets.</span> All streets in PUDs containing single-family dwellings on individually owned lots
               must meet the requirements imposed by article VI of this chapter for a major subdivision.
               Streets in PUDs which do not include single-family dwellings on individually owned
               lots shall be at least 18 feet wide and, except as aforesaid, shall otherwise meet
               the requirements imposed by article VI of this chapter for a major subdivision.
               
            </p>
            		
            <p class="incr0">
               (i)
               
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            <p class="content1">
               <span class="ital">Plat submission.</span> The owner of any property seeking to have such a property developed under this article
               shall submit a master site and development plan for all property designated (or requested
               to be designated) as a PUD at least 30 days prior to the board meeting at which the
               owner desires the board to review the master site and development plan. Twelve copies
               of such site development plan shall be submitted to the county map review officer.
               The site development plan must show, at a minimum, the following items:
               
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            <p class="incr1">
               (1)
               
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               All proposed public or private street rights-of-way and easements;
               
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               (2)
               
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               The proposed location of all single-family residences and developments;
               
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               (3)
               
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               The proposed location of all multifamily developments;
               
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               (4)
               
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               The proposed location of all recreational areas;
               
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               (5)
               
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               The proposed location of all office and professional areas;
               
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            <p class="incr1">
               (6)
               
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               The proposed location of all commercial areas;
               
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            <p class="incr1">
               (7)
               
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               The proposed location of all utility areas;
               
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            <p class="incr1">
               (8)
               
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            <p class="content2">
               The proposed density of development for each site designated single-family residential,
               for each site designated multifamily residential, for each site designated for office
               and professional utilization, and for each site designated for commercial utilization.
               Furthermore, the development plan shall include the gross acreage for the project,
               and each use therein, and the gross residential density (including recreational and
               open spaces); and
               
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            <p class="incr1">
               (9)
               
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            <p class="content2">
               Any other information requested by the board of commissioners. The board of commissioners
               may designate property as a PUD if the board of commissioners determine that the proposed
               development plan is in the best interest of the county because the plan meets the
               requirements of this article, and represents a comprehensive and coordinated approach
               to land planning and use on the property so designated. Once the master plan is approved
               by the board of commissioners, the applicant may proceed under subsection (i)(11)
               of this section. A PUD may only be designated as such upon the property owner's request;
               
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            <p class="incr1">
               (10)
               
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            <p class="content2">
               Change in plans. The owner of each tract designated as a PUD shall be allowed to submit
               plats for subdivision approval that are inconsistent with particular site designations
               as shown on the master plan, but only if done prior to plat approval under subsection
               (i)(11) of this section; however, if any such changes are deemed material by the subdivision
               administrator, the applicant may be required to provide to the county an updated master
               development plan for the entire property, which updated plan must conform with all
               the limitations contained within this chapter, and approval of the updated plan shall
               then be a condition precedent to recordation of the plat;
               
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            <p class="incr1">
               (11)
               
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            <p class="content2">
               Plat approval. Within 12 months, unless said time is extended by the board of county
               commissioners, one or more plats of some or all of the phases of a proposed PUD shall
               be submitted in accordance with<a href="" data-chunk-id="PTIICOOR_CH36SU_ARTIVSUREPR_S36-72MASU" class="section-link" data-product-id="14661"> section 36-72</a> and the procedure for review of said plat shall be as for a major subdivision;
               
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            <p class="incr1">
               (12)
               
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            <p class="content2">
               Conflict with general subdivision requirements. The provisions of article VI shall
               apply to PUDs, except to the extent that they conflict with the specific terms of
               this section in which case the provisions of this section shall control;
               
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            <p class="incr1">
               (13)
               
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               Permits. Before any building permit is issued with a PUD, a stormwater management
               plan must be submitted to and be approved by the state in accordance with its coastal
               stormwater rules and regulations;
               
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            <p class="incr1">
               (14)
               
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            <p class="content2">
               Off-street parking space requirements. There shall be a minimum of two parking spaces
               (ten feet by 20 feet each for outside spaces and nine feet by 18 feet each for covered
               spaces) for every multifamily residential, retail, commercial or institutional unit.
               Furthermore, additional spaces may be required to protect the public health, safety
               and welfare, and such additional requirements will be determined by actual use. The
               number of parking spaces required for marina slips shall be as required by the county
               land use plan. Parking space requirements shall also be as required by federal, state
               and local laws and regulations.
               
            </p>
            		
            <p class="historynote0">
               (Ord. No. 2007-01-01, art. V, 1-2-2007; Ord. No. 2006-07-1, art. V, Â§ 5, 7-7-2008)
               
            </p></div>